Michael Rabare Ramoya & 2 others v Stephen Okota Barasa [2020] eKLR Case Summary

Court
Environment and Land Court at Busia
Category
Civil
Judge(s)
Justice A. Omollo
Judgment Date
October 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Michael Rabare Ramoya & 2 others v Stephen Okota Barasa [2020] eKLR


1. Case Information:
- Name of the Case: Michael Rabare Ramoya & Others v. Stephen Okota Barasa
- Case Number: Civil Case No. 36 of 2016
- Court: Environment and Land Court at Busia
- Date Delivered: October 29, 2020
- Category of Law: Civil
- Judge(s): Justice A. Omollo
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving three primary legal issues:
a. Whether the suit was res judicata due to previous succession proceedings.
b. Whether the plaintiffs had sufficiently established the requirements for a claim of adverse possession.
c. Whether the second and third plaintiffs had the legal capacity to pursue their claims without letters of administration for their deceased fathers’ estates.

3. Facts of the Case:
The applicants, Michael Rabare Ramoya, Rajab Ibrahim Wesonga, and Brian Osinya Wanyama, claimed adverse possession of two parcels of land: L.R. Bukhayo/Mundika/349 and a portion of L.R. No. Bukhayo/Mundika/351. The 1st applicant claimed to have purchased 0.5 acres in 1983, the 2nd applicant 1.5 acres in 1987, and the 3rd applicant 1.1 ha in 1981, all from deceased owners. The respondent, Stephen Okota Barasa, contested the claims, asserting he was the administrator of the estates of the deceased owners and denied any sale of land to the applicants.

4. Procedural History:
The applicants filed an originating summons supported by affidavits. The respondent countered with a replying affidavit, leading to the presentation of oral evidence from both sides. The plaintiffs called six witnesses while the respondent called two. After the close of evidence, both parties submitted written arguments regarding the claims and defenses.

5. Analysis:
- Rules: The court considered the Limitation of Actions Act, particularly sections regarding adverse possession, which allows a person to claim ownership of land after continuous possession for a statutory period, typically 12 years.
- Case Law: The court referenced several precedents, including *Wambugu v. Njuguna* (1983) KLR 172, which outlines the requirements for adverse possession, and *Muchanga Investments Ltd v. Safaris Unlimited (Africa) Ltd* (2009) eKLR, which discusses the incompatibility of adverse possession claims with claims of purchaser's interest.
- Application: The court found that the plaintiffs had occupied the land for over 12 years, despite the absence of formal sale agreements. The respondent's claims of not having sold the land were countered by evidence of the applicants' long-term possession and the failure of the respondent to assert his rights during that time.

6. Conclusion:
The court ruled in favor of the plaintiffs, affirming their claims of adverse possession. The court ordered the subdivision of the contested land and directed the respondent to facilitate the transfer of ownership to the applicants. The ruling underscored the importance of long-term possession in establishing ownership rights, even in the absence of formal documentation.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The judgment in *Michael Rabare Ramoya & Others v. Stephen Okota Barasa* confirmed the applicants' claims of adverse possession over the disputed land. The court emphasized that the plaintiffs' continuous and uninterrupted possession for more than 12 years sufficed to extinguish the respondent's rights to the properties. This case highlights the significance of adverse possession claims in land disputes and the need for registered owners to assert their rights promptly to avoid losing them.

Document Summary

Below is the summary preview of this document.

  • Michael-Rabare-Ramoya--2-others-v-Stephen-Okota-Barasa-[2020]-eKLR-Case-Summary_2543_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries